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hemanthreddy (student)     21 March 2014

Gratuity

My dad worked as superintendent (non- teaching staff ) in an self financed engineering college located in andhra pradesh . he retaire in 2009 with service of 29 years,at the retairement his salary is 21,000. he did'nt get his gratuity ,what is the process of getting gratuity from the management,and how much of gratuity he met with his service of 29 years and with last taken salary of 21,000 .please give me the information .....



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 5 Replies

Kumar Doab (FIN)     22 March 2014

It is felt that you should go thru the  provision of the enactments applicable to the establishment and eligibility.

 

 You may go thru:

 

 

Payment of Gratuity Act 1972: Sec:1 (b) (c), 4A

 

Andhra Pradesh Compulsory Gratuity Insurance Rules,2011:

 

If the establishment had at any point to time 10 or more employees the establishment should be covered for payment of Gratuity.

 

Being a Non Teaching Staff the employee should be eligible to get Gratuity for whle tenure of employment.

 

There is no wage ceiling for the Payment of Gratuity.

 

You may submit a representation to the good offices of Appointing Authority, MD, Chairman with a copy to Head-HR, local HR, Local BM and mention that the Notice of Determination of Gratuity has not been supplied to you, despite representations ( if any by phone, emails, in person, by letter etc and provide dates, time, phone numbers, Names o company officials, brief minutes of discussion etc) and FormI is attached, and demand acknowledgment and payment of Gratuity by Bank DD thru Redg. Post only. You may send the representation by redg. Post ( and obtain POD and certified copy of run sheet of postman from PO) and mention that a postage prepaid, self addressed envelope for sending the Redg. Post to you is attached.

Specimen FormI is in the attachment. You may obtain the latest version from O/o Controlling Authority of Gratuity, O/o Labor Commissioner at your location or buy from market.

 

The employer has to supply Notice of Determination of Gratuity and pay within 30 days of becoming eligible, even if NO application by employee is made.


(Basic+DA)/26*15* No. of years of service


Basic+DA is as per last drawn wages, so obtain last salary slip.

If in last year you have worked for more than 6months count it as 1Year. 

 

 

 

Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Gratuity Rules of the establishment if any, etc…………….. Communications exchanged to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.

 

 


Attached File : 583203969 315046384 andhra-pradesh-compulsory-gratuity-insurance-rules-2011-ã¢â‚¬â€œ-notification.pdf, 583203969 paymentofgratuityact(1).doc, 583203969 form i gratuity9.pdf downloaded: 198 times

hemanthreddy (student)     22 March 2014

sir please tell me the procedure,calculations & acts,of getting E.L(earned leaves) after retairment from self financing engineering college in andhra pradesh.

hemanthreddy (student)     22 March 2014

sir please tell me the procedure,calculations & acts,of getting E.L(earned leaves) after retairment from self financing engineering college in andhra pradesh.

hemanthreddy (student)     22 March 2014

sir please tell me the procedure,calculations & acts,of getting E.L(earned leaves) after retairment from self financing engineering college in andhra pradesh.

Kumar Doab (FIN)     25 March 2014

Generically speaking since employee gets full wages on a paid holiday/ during leave hence it should be calculated @ Gross Pay……………………

 

The leave policy of the college may be looked into.

The Employees Union might also have it.                                         

The Directorate of Education may also provide the policy applicable to the Institute…………..

 

The Institute might have registered under Andhra Pradesh Shops and Commercial Establishments Act and if yes it should displayed its registration certificate near entrance/on notice board.

 

CHAPTER VII
Leave and holidays with wages and Insurance Scheme for Employees

Sec: 30 to 34…

Sec:30……………………………15days/annum ………………………………accumulated upto max. of 60 days………. ………

 

There are many threads on similar query that you may find relevant e.g;

 

https://www.lawyersclubindia.com/experts/Calculation-for-leave-encashment-bonus-gratuity-460946.asp#.UzE-DEeBmXU

 

 

 


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